Understanding the Convict Lease System: The Longer Life of Alabama Black Enslavement By Sarah Carmack. 2020. All rights reserved by author. Anti-Emancipation in the South Alabama had the nation’s longest-running system of Convict Leasing, made legal from 1846 until 1928. In the decades before the Civil War, the state leased white prisoners to private individuals for profit to the state. Prior to Emancipation, Black men and women were not brought into a formal criminal justice system or prison system. They were either unjustly punished by enslavers or killed for alleged crimes by local mobs. The effects of state prison practices would rise and spread throughout the Southern Black community after Emancipation. Convict Leasing is one of the least understood and most dangerous systems of Black oppression in the post-Civil War South and was disguised and accepted as a perpetual and necessary source of revenue for local and state governments. In Alabama, profitability sent most forced-work prisoners underground to coal mines with a high chance they would not return alive. During many periods of this long-practiced horror, one in ten men did not survive forced prison work. Understanding this history makes us even more watchful of current prison policy and work practices in a state that incarcerates the third largest prison population in the U.S. with no sign of decrease. Loop Holes, Black Codes, and a New Imprisonment A broken, oppressive economic system created a broken civil war and backfired on the former Confederate South – industry and agriculture were in a post-Civil War shambles. All levels of white citizens were in a panic. A war had been fought and lost, but the revolution focused on race had just begun. Reports by Contemporary observers, like social reformer Carl Schur, stated a rising tide of white anger in Mississippi directed to the Black community, the traditional victims of violence and exploitation in the South. The white Southern “Bourbons,” finding a way to rise again after Civil War losses, harnessed the general white anger and helped legalize a system that would suppress Freedmen and all of Black society. There would be no social revolution if men of property could help it. A Constitutional loophole and local Black Codes would be enough to hold society to a neoslavery system for decades. Accepting that Black people could no longer be owned as chattel, white society took advantage of the next available legality: the Thirteenth Amendment loophole. The Thirteenth Amendment (1865) legalized slavery as punishment for criminal convictions. If the Southern legal system could play this opportunity broadly enough, Black citizens could be coerced through local law enforcement to stay “in their place” and “under contract” to their former owners or risk violating hundreds of artificial new laws. Conviction under those new laws opened the opportunity for the state and private individuals or industry to collaborate in convict leasing. On the state and local level Black Codes would round out an unjust justice system. The Mississippi Black Code, described as one of the most severe and comprehensive by historians Robert Weise and Edward Ayers, regulated the life and labor of black citizens. These laws were echoed across Southern state governments. The Mississippi codes began by defining responsibility (and penalties) of white citizens, the enforcers, and more – railway employees, sheriffs, justices of peace, clothiers, food service employees, sellers of spirits or firearms. The codes then aimed at “freedman, negro, or mulatto” and the new confinement of their lives within the South. The regulation of labor was foremost. Labor contracts would limit the South’s Freedmen employment to formal written contract work to white employers only. (Regarding the contracts, remember that many Freedmen struggled with literacy, which had been legally forbidden before Emancipation.) County Probate Courts could assign any Black minor to apprentice with their former enslavers if the child lived within a poor family. Note that if they were minors during the first wave of Black Codes would have been mere enslaved children prior to Emancipation. This law was blatantly a “recapture” law for the very young. To leave these apprenticeships with former “masters” prior to age twenty-one would mean recapture or a felony conviction and “hard time” served in the adult prison system (this was prior to the establishment reform schools). “Freedmen, free negroes and mulattos” over the age of eighteen were subject to arrest for vagrancy, defined as proving no lawful employment, assembling together, walking beside the railroad, speaking loudly in public near white women, and dozens more false offenses. To avoid arrests for vagrancy, many Blacks chose the harsh labor contracts as the lesser of evils. Other laws focused on farm produce. A separate set of laws are described by historian Khalil Muhammed as laws shifting misdemeanors to felony status. Under Pig Laws white farmers accused Black farmers of taking pigs, chickens or farms tools, which likely had been earned by labor provided by the Black farmer. Forced Labor and Government Money-Making The states went to work arresting Black citizens. Historians and the Equal Justice Initiative have studied the documented 1908 case of Alabamian Green Cottenham to describe how convict leasing played out. Cottenham received a conviction from the county for vagrancy, with no lawyer present, with sentencing of thirty days of hard labor. Fees were added to be paid to sheriff, court clerk, and witnesses. Cottenham’s inability to pay these fees extended his prison sentence to almost a year. After sentencing, the prisoner, added to a running contract lease, was carried immediately to the Tennessee Coal, Iron & Railroad Company (TCI), Pratt Mine, Slope No. 12 prison mine. The lease amount paid to the Shelby County court. was $12 per month. Prisoner were under complete authority of the mine bosses. Most Southern states operated a convoluted prison system. Alabama’s was as well. With state district courts operating separately, the counties held tremendous power in local convictions. Over time, fifty- one Alabama county courts would send convicted people to private company prisons. Judges, sheriffs, and jurors could benefit monetarily each time these convictions and sentences were made. This local “fee system” was a base “trick of racial exploitation,” in the words of Hugo Black biographer Steve Suitts. Hugo Black’s early legal work in Birmingham was surrounded by the effects of this system, which placed the burden of salary and operating cost of the sheriff, deputies, justices of peace, and court clerks on the convicted. This within a city where sixty percent of arrests were Black residents. In 1902- 1903, most of those convicted of the 3,000 Jefferson County misdemeanors on record were sent to Sloss-Sheffield mines. As the extraction industries gained more power, they made their own changes to contracts with local and state authorities, repealing and changing them to serve themselves. In 1904, TCI revised the contract to pay simply for every ton of coal mined by prisoners. Under his office of the Board of Convict inspectors, James Oakley then relocated all “able” state convicts away from the other leasing industries to mine coal. Private landowners and other growing industry soon set up contracts with states and local governments to receive a flow of captive cheap labor. Throughout the South, prison labor included Florida gum and pine resin work, Georgia railroads and brickyards, Texas and Louisiana sugar plantations and timberwork, and North Carolina’s railroad building. Famous Confederate general, KKK leader, slave trader, An everyday business scene from the publication “Birmingham: The Other Side of the Story.” Black communities in early 20th century and suspected war criminal Nathan Bedford Alabama were subject to arbitrary arrests and charges which Forrest spent his post-war life operating a forced thousands into convict lease imprisonment. convict lease farm on President’s Island, current-day city of Memphis. In each state, the Black prisoners were sent to the most dangerous and barbaric locations. The company managers saw Black the prisoners as expendable and replenishable, compared to white laborers. As the system settled in, company “straw bosses’ and “whipping bosses” became the prison wardens of the South. By 1883, about 10% of the Alabama state government’s total revenue was derived from convict leasing of prisoners under the state’s control. This figure increased to nearly 73% of total revenue by 1898. By this period over 85% of forced laborers were Black. Visual images of the Southern Convict Lease System are limited due to societal pressure to hide realities of Southern segregation and oppression, so artistic images of Black families, Black business districts, and more help to fill in the historic record of Southern life. North Carolina-born artist Romare Bearden (1911-1988) created a social realism and historical narrative of Black life often told through montage and photo collage. His work is both social expose and testament of Black Southern folk culture. Mine Work in Context The detrimental share cropping system in Alabama had driven many rural black families to mining areas for employment as paid workers. The descriptions of free black workers provide context for what the mine and steel work was like. In Birmingham: The Other Side, Clarence Dean describes both the coal mine and steelworker experience: “it was a mankiller.” In the hot climate of Birmingham, a worker would be soaked with sweat from clock-in to clock-out. Will Battle describes that in 1906 there were no off days. In 1911, one day off was added. Workers were machines and Black workers were only allowed jobs with no autonomy with no way to rise during an entire career in the early years. Even these conditions of toil, health dangers, and lack of mobility were far superior to the coal industry work experienced by lease prisoners in Alabama.